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South Africa Case Law

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Civil Procedure [2020] ZAGPJHC 109

Incubeta Holdings (Pty) Limited v Mindshare South Africa (Gauteng) (Pty) Limited (07182/2016)

Incubeta Holdings (Pty) Limited v Mindshare South Africa (Gauteng) (Pty) Limited (07182/2016) [2020] ZAGPJHC 109 (6 May 2020)

The court found that the documents requested by the plaintiff in its rule 35(3) notice are relevant to the issues in the main action, including the breach of contract and quantum of damages. The defendant's objections based on irrelevance and wide framing were rejected, as the descriptions were specific and clear. Confidentiality was not accepted as a ground for refusal, and the defendant failed to substantiate claims of privilege. The plaintiff's application to compel discovery was granted, with modifications regarding the period for Xaxis invoices. The defendant's application to compel bett…

  • Discovery Of Documents
  • Further Particulars For Trial
  • Confidentiality In Discovery
  • Breach Of Contract
  • Quantum Of Damages
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Civil Procedure [2005] ZAGPHC 34

Platinum Mile Investments 229 (Pty) Ltd v Visser (22760/02)

Platinum Mile Investments 229 (Pty) Ltd v Visser (22760/02) [2005] ZAGPHC 34 (29 March 2005)

The court ordered a party to reply to a request for further particulars for trial under Rule 21 and held that necessity is for the court to decide.

  • Uniform Rules Of Court Rule 21
  • Further Particulars For Trial
  • Costs Orders
  • Right Of Appearance
  • Pretrial Procedure
  • Civil-procedure
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.